A federal judge ordered on Thursday the immediate suspension of the deployment of the California National Guard in Los Angeles, an action driven by President Donald Trump’s administration.
PUBLICIDAD
The decision was made following a hearing held in a San Francisco court, where the legality of the procedure used by the federal government to take control of state forces was questioned.
PUBLICIDAD
Magistrate Charles Breyer issued a temporary restraining order, arguing that the White House did not meet the requirements set to federalize the National Guard.
The ruling represents a major setback for Trump in his attempt to strengthen military presence in cities affected by protests, as the judge considered that there was a violation of both federal law and constitutional principles.
The judge questions the authority of the White House
California’s Attorney General, Rob Bonta, filed a lawsuit against the federal administration, stating that the legal process for transferring command of the National Guard was not respected.
Although the initial request from the state only asked to limit the use of the Guard in immigration and civil order tasks, the judge went further and declared that the administration acted without properly notifying Governor Gavin Newsom, as required by the corresponding statute.
Breyer indicated in his ruling that the actions of the federal Executive exceeded the legal limits established by the Constitution, by not respecting the Tenth Amendment, which safeguards the autonomy of the states. The judge stated that control of the Guard should be immediately returned to the governor.
According to Gavin Newsom, the National Guard will be under his control tomorrow at noon (Los Angeles time).
During the hearing, government legal representatives initially argued that the legal requirements for federalization had been followed. However, they later changed their position, stating that the presidential decision should not be reviewed by the courts.
Urgent appeal and political tensions
The White House reacted immediately to the court’s decision and filed an appeal with the Ninth Circuit Court of Appeals. In their filing, the Department of Justice lawyers described the measure as an unprecedented intrusion into the president’s powers, particularly in his role as commander in chief of the armed forces.
According to the government’s arguments, the court order “limits the president’s ability to act in defense of federal officials and properties in situations of violence,” and represents an improper intervention in military decisions. Legal representatives also pointed out that historically, it is the president’s prerogative to make decisions regarding the mobilization of troops, not the courts or state governments.
Judge Breyer’s ruling does not affect the deployment of 700 Marines also present in the city, as the governor does not have direct authority over the Marine Corps.
Newsom hardens his attacks against Trump
After learning about the ruling, the governor of California made strong statements against the federal administration. He accused the president of acting in an authoritarian manner and using military force as a political tool. In his words, Trump is “not a king” and should “stop behaving as if he were one”.
Newsom also made a direct comparison between the US president and leaders like Vladimir Putin, stating that this type of actions are typical of regimes that seek to appear strong to cover up their weakness.
In addition, regarding the unprecedented parade scheduled for this Saturday in Washington DC, which coincides with Trump’s birthday, Newsom said, “You see it with dictators from all over the world who are weak and only want to appear strong, weakness disguised as strength, to celebrate the dear leader on his birthday.” He added a strong criticism: “What a shame. Honestly, it’s the lowest one can go. How weak.”